Malaysia’s former prime minister Najib Razak has been ordered to begin a 12-year prison sentence after losing his latest appeal to overturn a conviction related to the multibillion-dollar 1MDB scandal, one of the biggest financial frauds in the world.
A five-member federal court said it unanimously found Najib’s appeal to be “without any merit”.
Najib reportedly appeared shocked when the verdict was read in court. He was later photographed being driven in a black car. His daughter-in-law Nur Sharmila Shaheen told AFP the family had been told he was being sent to Kajang Prison, south of the capital Kuala Lumpur. Najib will be the first former Malaysian prime minister to be jailed. James Chin, a professor at the University of Asian Studies in Tasmania, said the verdict marked a victory for the Malaysian public and the judiciary. “Before this, many people in Malaysia will tell you that when it comes to political cases, you can never be sure which way the wind is blowing in the courts. Now it is quite clear that the courts are quite impartial,” he said.
The court had shown it was “even willing to break the last taboo in Southeast Asia” by convicting a powerful political heavyweight.
Najib, 69, had denied any wrongdoing in connection with the scandal that engulfed 1MDB, or 1Malaysia Development Berhad, a state fund set up to promote development. It was estimated that billions of dollars had been diverted from the fund.
The scandal brought down Najib’s government and sparked investigations around the world, including in Singapore, Switzerland and the US.
In July 2020, Najib was found guilty of breach of trust, abuse of power and money laundering for illegally receiving about $10 million (£8.5 million) from SRC International, a former unit of the state fund 1MDB. Najib, who had pleaded not guilty, was sentenced to 12 years and fined 210 million ringgit (£40 million).
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Chief Justice Maimun Tuan Mat, who upheld the verdict on Tuesday, said the defense was “so inherently inconsistent and unbelievable that it raises no reasonable doubt about the prosecution’s case”.
During his appeal, which began last week, Najib alleged that his right to a fair trial had been undermined. On Tuesday, she tried to remove Chief Justice Maimun Tuan Mat from the case, saying her husband had previously criticized her on social media and that this could lead to bias.
In his affidavit read in court by his lawyer, Najib said Maimun’s husband’s comments were “very disturbing” as they could have influenced his opinion on the case.
The court’s findings can be seen as “tainted with bias, and the public perception of the independence of the judiciary will be in doubt,” Najib said in his application.
Najib, who replaced his legal team just weeks before his appeal was to begin, also claimed his right to a fair trial was at risk because the court had rejected his requests to adjourn hearings to give time to their new representatives to prepare.
The court also rejected his attempt to introduce new evidence that could have led to a new trial over allegations of bias by the high court judge who convicted him in 2020.
Najib is facing five separate trials related to 1MDB. His wife, Rosmah Mansor, is also on trial on corruption charges.
Investigators have said about $4.5 billion was stolen from 1MDB and more than $1 billion was funneled into accounts linked to Najib. The US lawsuits allege the stolen money was used by various recipients, including fugitive businessman Jho Low, to finance major purchases, buying real estate, a Picasso painting, a private jet, a superyacht, hotels and jewelry .
If the court had overturned the earlier verdict, Najib, who remains popular within his Umno party, would have pushed to become prime minister again, Chin said. A conviction prevents him from running, however, which means his political career is over, at least in the short term.
However, Chin added a loophole that may provide a path back into politics: “If you get a [royal] sorry, it means your slate will be wiped clean”.